PRINTER'S NO. 237

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 216 Session of 1987


        INTRODUCED BY LLOYD, VROON, RIEGER, MARKOSEK, JOSEPHS, STUBAN,
           MILLER, LINTON, BOOK, LANGTRY, BOYES AND SAURMAN, FEBRUARY 9,
           1987

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
           FEBRUARY 9, 1987

                                     AN ACT

     1  Amending the act of December 20, 1985 (P.L.457, No.112),
     2     entitled "An act relating to the right to practice medicine
     3     and surgery and the right to practice medically related acts;
     4     reestablishing the State Board of Medical Education and
     5     Licensure as the State Board of Medicine and providing for
     6     its composition, powers and duties; providing for the
     7     issuance of licenses and certificates and the suspension and
     8     revocation of licenses and certificates; providing penalties;
     9     and making repeals," further providing for the performance of
    10     radiologic procedures by auxiliary personnel; and making a
    11     technical change.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Sections 41(3) and 45 of the act of December 20,
    15  1985 (P.L.457, No.112), known as the Medical Practice Act of
    16  1985, are amended to read:
    17  Section 41.  Reasons for refusal, revocation, suspension or
    18                 other corrective actions against a licensee or
    19                 certificate holder.
    20     The board shall have authority to impose disciplinary or
    21  corrective measures on a board-regulated practitioner for any or


     1  all of the following reasons:
     2         * * *
     3         (3)  Being convicted of a felony or being convicted of a
     4     misdemeanor relating to a health profession or receiving
     5     probation without verdict, disposition in lieu of trial or an
     6     Accelerated Rehabilitative Disposition in the disposition of
     7     felony charges, in the courts of this Commonwealth, a Federal
     8     court or a court of any other state, territory or country.
     9         * * *
    10  Section 45.  Radiologic procedures; education and training
    11                 required.
    12     (a)  Supervision.--On and after January 1, [1987] 1988, no
    13  auxiliary personnel shall perform radiologic procedures on the
    14  premises of a medical doctor unless such person is under the
    15  direct supervision of a medical doctor [who is on the premises
    16  at the time the X-ray is taken] and unless such person has
    17  passed an examination approved by the board and administered in
    18  accordance with section 812.1 of the act of April 9, 1929
    19  (P.L.177, No.175), known as The Administrative Code of 1929,
    20  provided that no such auxiliary personnel shall perform
    21  radiologic procedures for therapeutic purposes unless the
    22  medical doctor under whose direct supervision such auxiliary
    23  personnel is acting is on the premises at the time the
    24  radiologic procedures are performed.
    25     (b)  Exclusion.--The board shall[, by regulation, provide for
    26  the exclusion of] have the authority, after notice and hearing,
    27  to prohibit an auxiliary personnel from performing radiologic
    28  procedures if the continued performance of radiologic procedures
    29  by the auxiliary personnel is determined by the board to pose a
    30  threat to the health, safety or welfare of the public.
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     1     (c)  Penalty.--It shall be unlawful under this act to
     2  knowingly permit radiologic procedures to be performed in
     3  violation of this section or in violation of the regulations
     4  promulgated or orders issued in accordance with this section.
     5     (d)  Education and testing.--No auxiliary personnel who has
     6  or obtains a license, certificate or registration issued by, or
     7  on behalf of, a board within the Bureau of Professional and
     8  Occupational Affairs or a comparable board of another state, or
     9  who has obtained certification as the result of satisfactory
    10  completion of a test and an educational course accredited by an
    11  accrediting body recognized by the board, shall be required to
    12  undergo any additional education or testing pursuant to this
    13  section if radiologic procedures were included in the education
    14  or the examination which he or she was required to complete
    15  successfully in order to be eligible for such license,
    16  certificate [or], registration or certification.
    17     (e)  Definition.--As used in this section the term
    18  "radiologic procedures" means the use of ionizing radiation for
    19  diagnostic or therapeutic purposes.
    20     Section 2.  This act shall take effect immediately.







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